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प्रश्न
Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
The proposed amendment is against the doctrine of the basic structure.
The proposed amendment is unconnected to the doctrine of the basic structure.
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
The proposed amendment is beyond the power of the Parliament.
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उत्तर
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
Explanation:
Supreme Court has declared that the basic structure/ features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament. Article 136 of the constitution stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction (whether the case is pending in some court, decided or whatever) can approach the Supreme Court under SLP. In addition, if SC finds substance in the SLP then it can hear and dispose of the case.
Hence "The proposed amendment can be reviewed and struck down by the Constitutional Courts." is most appropriate and the proposed amendment can be reviewed and struck down by the constitutional courts.
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संबंधित प्रश्न
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: The Council of Ministers at the center is collectively responsib1e both to the Lok Sabha and Rajya sabha.
Reason: Title members of both Lok Sabtla and Raj ya Sabha are eligible to be ministers of the Union Government.
Direction: Read the following carefully and answer the question given below
Although women now constitute 30 percent of the global industrial force, legal hurdles and traditional barriers still hinder the vast majority of women in their efforts to achieve parity with men.
The paragraph best supports the statement
Mark the best option:
Principles:
- Article 19(1)(a) of the Constitution guarantees to all citizens the right to 'freedom of speech and expression'.
- This freedom includes the right to express one's views and opinions on any issue through any medium, e.g., by word of mouth, writing, printing picture, Rim, movie, etc.
- Reasonable restrictions may be imposed by the State on this freedom, 'in the interests of the security of the State, friendly relations with foreign States, public order, decency, morality, sovereignty and integrity of India, or 'in relation to contempt of court, defamation or incitement to an offense'
- While the Apex court has justified pre-censorship of a film because it caters to a mass audience, it has held that if the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be suppressed on account of threat of demonstration or threats of violence.
- There is a difference between 'public order' and 'public tranquility', in that such acts as disturbing only the serenity of others may not fall within the term 'public order'.
Facts: Schoen Frederick Muller is an eminent businessman of German origin. He is known to have a fascination for showbusiness. He has recently produced a film on how a group of four detectives from different parts of the world unearths a conspiracy to assassinate a leader at the United Nations, and one of them turns out to be an accomplice in the plan. The film was awarded as the 'Best Motion Picture (Fiction)' in the Berlin Film Festival. The film is taken for exhibition in India by Spread the Word, an agency headed by Ritesh Zakaria, an Indian citizen.
Facts: Ritesh Zakaria wanted to promote the film. As part of one of the publicity campaigns, a three-hour function was organized in a neighborhood park, targeting a larger class of audience. He personally came to promote the film and started talking about detectives and their lifestyle over loudspeakers. It was a re-enactment of one of the scenes in the film. A group of students from the neighborhood get aggravated with the noise and vandalize the site of the event.
Which of the following statements is correct?
Chhattisgarh came into existence on?
Who is the CEO of NITI Aayog?
Which among the following is the correct expression of the term secular in India?
If any new territory becomes a part of India the Government of India specifies the persons of the territory who shall be
Which of the following is not an Article given to the OCIs?
Which of the following articles concerned with the legislative relations between the centre and the states?
Answer the question which follows from the application of the under mentioned legal principle.
Principle: All citizens shall have the right to freedom of speech and expression.
Facts: X, a famous writer and Novelist criticized another novelist, B stating that: "the novel of B is foolish, he is a weak man, his Novel is indecent, his mind is impure, he is not of a good character, he should write decent and good Novel." Can X be sued for defamation?
